33-1409

33-1409. General definitions

Subject to additional definitions which are contained in subsequent articles of this
chapter and which apply to those specific articles, and unless the context otherwise
requires, in this chapter:

1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other
proceeding in which rights are determined, including an action for possession.

2. "Anniversary date" means an annual date applying to all tenants stated in the
rental agreement on which the landlord may adjust the amount of rent.

3. "Appurtenances" means awnings, sheds, porches and other attachments to the
mobile home.

4. "Building and housing codes" includes any law, ordinance or governmental
regulation concerning fitness for habitation, or the construction, maintenance,
operation, occupancy, use or appearance of any premises, dwelling unit or mobile home
space.

5. "Change in use" means either of the following:

(a) A change in the use of land from the rental of mobile home spaces in a mobile
home park to some other use.

(b) The redevelopment of the mobile home park.

6. "Compatible" means a mobile home which is in a similar condition as the majority
of the other mobile homes in the mobile home park, as determined by the maintenance,
condition and overall appearance of the mobile home.

7. "Director" means the director of the department of fire, building and life
safety.

8. "Dwelling unit" excludes real property used to accommodate a mobile home.

9. "Educational program" means a class, workshop or educational convention that
primarily instructs attendees on issues dealing with the operation of a mobile home park
and that is sponsored by a nonprofit organization whose sole or primary purpose is the
advocacy and promotion of the rental mobile home parks industry.

10. "Fund" means the mobile home relocation fund.

11. "Good faith" means honesty in fact in the conduct or transaction concerned.

12. "Guest" means a nonresident, over and above the occupancy limit set for the
resident's space under the terms of the rental agreement or by park rules, of a mobile
home park who stays at the home of a person with constructive possession of the home with
the consent of the resident for one or more nights and not more than thirty days in any
twelve month period.

13. "Landlord" means the owner, lessor, sublessor or operator, or any combination
thereof, of a mobile home park and it also means a manager of the premises who fails to
disclose as required by section 33-1432.

14. "Mobile home":

(a) Means either of the following:

(i) A residential structure manufactured on or before June 15, 1976, that is
transportable in one or more sections, eight feet or more in body width, over thirty feet
in body length with the hitch, built on an integral chassis, designed to be used as a
dwelling when connected to the required utilities and not originally sold as a travel
trailer or recreational vehicle and which includes the plumbing, heating, air
conditioning and electrical systems in the structure.

(ii) A manufactured home built after June 15, 1976, originally bearing an
appropriate insignia of approval issued by the United States department of housing and
urban development.

(b) Does not include either of the following:

(i) A recreational vehicle such as a motor home, camping trailer, van, fifth wheel
trailer or other type of recreational vehicle.

(ii) A structure known as a park model trailer that is a structure built on a
single chassis, mounted on wheels and designed to be connected to the utilities necessary
for the operation of installed fixtures and appliances and that has a gross interior area
of not less than three hundred twenty square feet and not more than four hundred square
feet when prepared for occupancy.

15. "Mobile home park" means any parcel of land that contains four or more mobile
home spaces.

16. "Mobile home space" means a parcel of land for rent which has been designed to
accommodate a mobile home and provide the required sewer and utility connections.

17. "Moving expenses" means the cost incurred by the tenant whose mobile home is
moved for taking down, transporting and setting up the mobile home with the identical, or
substantially similar, improvements as were attached to the tenant's mobile home on the
mobile home space from which it was removed but does not include the cost of landscaping
or the cost of utility lines, trenching or utility connections located in excess of
twenty-five feet from the point of hookup on the mobile home.

18. "Organization" includes a corporation, limited liability company, government,
governmental subdivision or agency, business trust, estate, trust, partnership or
association, two or more persons having a joint or common interest and any other legal or
commercial entity which is a landlord, owner, manager or designated agent pursuant to
section 33-1432.

19. "Owner" means one or more persons, jointly or severally, in whom is vested all
or part of the legal title to property or all or part of the beneficial ownership and a
right to present use and enjoyment of the premises. The term includes a mortgagee in
possession.

20. "Park manager" means the person who is primarily responsible for the day-to-day
operation of a mobile home park.

21. "Person" includes a company, partnership or firm as well as a natural person.

22. "Premises" means the mobile home park and its existing facilities and
appurtenances, including furniture and utilities where applicable, and grounds, areas and
existing facilities held out for the use of tenants generally or whose use is promised to
the tenant.

23. "Prospective tenant" means a person who desires to become a tenant.

24. "Redevelopment of the mobile home park" means that the spaces being redeveloped
shall remain vacant for at least one hundred eighty days after the effective date of all
change in use notices that are given to the tenants and either of the following applies:

(a) A minimum of twenty-five per cent of the spaces in the park, in groups of at
least five contiguous spaces, are being changed into an upgraded mobile home park.

(b) A minimum of twenty-five of the total number of spaces in the park, in groups of
at least five contiguous spaces, are being changed into an upgraded mobile home park.

25. "Rent" means payments to be made to the landlord or designated agent in full
consideration for the rented premises.

26. "Rental agreement" means leases or agreements and valid rules adopted under
section 33-1452 embodying the terms and conditions concerning the use and occupancy of a
mobile home space and premises, and includes month-to-month tenancies that arise out of
the expiration of a written rental agreement pursuant to section 33-1413.

27. "Resident" means a person entitled under a rental agreement to occupy a mobile
home space to the exclusion of others and does not include a person rendering necessary
live-in care under section 33-1413.03.

28. "Security" or "security deposit" means any refundable money or property given to
assure payment or performance under a rental agreement.

29. "Tenant" means a person signing a rental agreement or otherwise agreeing with a
landlord for the occupancy of a mobile home space.

30. "Visitor" means a nonresident of a mobile home park who stays at the home of a
resident with the consent of the resident but does not stay overnight.